Reporters won’t be called as witnesses in Entwistle trial

By David E. Frank
david.frank@lawyersweekly.com
First Amendment advocates scored a win Wednesday when the judge presiding over the murder trial of Neil Entwistle ruled that two reporters summonsed to testify at a May 30 pre-trial hearing will not be called to the stand.
Boston Herald reporter Laurel Sweet and WTKK radio personality Michelle McPhee — whose book on the case is set to be released on June 3 — were ordered last week to appear in front of Superior Court Judge Diane M. Kottmyer to provide testimony about a story they co-bylined in November 2007.
The story was about a suicide note Entwistle allegedly penned in a jail cell while awaiting trial for the 2006 murder of his wife, Rachel, and their 9-month-old daughter, Lillian, in Hopkinton.
In addition to their appearance on May 30, the summons ordered McPhee — a former Herald reporter — to provide copies of any and all documents related to the suicide note.
But Corey Welford, a spokesman for Middlesex County District Attorney Gerard T. Leone, said the issue became moot when prosecutors reported to Kottmyer that they had no plans to use the letter at trial, which is slated to begin June 2.
“[Trial prosecutor] Dan Bennett stated to the court that the office did not have access to that letter and that he did not plan to introduce it at trial,” said Welford.
While those pushing for a reporter-shield law say they are pleased with the result, they also say the case emphasizes the need for Massachusetts legislators to finally pass a bill that would prevent similar summonses from being served in the future.